Tag Archives: when the application is done properly

I am still often asked about whether or not, or how helpful, legal representation would be in a Federal or Postal Disability Retirement case. To ask an attorney such a question is often unhelpful, for there is always the question as to how much “self-interest” an attorney has in answering such a question.

What I can state, however, is the following: Remember that everyone believes that his or her case is a “sure thing” — this is natural, because the very individual who is filing for disability retirement is the one who is suffering from the medical condition, and so it is a very “personal” matter, and a sense of objectivity is difficult to maintain in these matters.

Second, remember that when you hire an attorney, you are not just hiring someone who “knows something” about FERS & CSRS disability retirement; instead, you should be hiring that lawyer for his or her reputation, his knowledge of the administrative & legal process with the Office of Personnel Management and the Merit Systems Protection Board, and how well he is “thought of” by OPM (i.e., how long has he been practicing in the field of Federal Disability Retirement law, does he know the people at OPM, and more importantly, does OPM know him/her?).

Finally, always keep in mind that, while attorneys can be expensive, you must always do a cost-benefits analysis, and look at the benefit you will be receiving (or not receiving) if you do or do not hire an attorney. Disability retirement benefits are essentially a means of securing one’s financial future, and as such, the benefit to be secured is important enough to consider hiring an attorney.

OPM’s methodology is important to understand in preparing a Federal Disability Retirement application. Such understanding of the methodology, however, must be for a singular purpose: to refine the methodology of the applicant in preparing a disability retirement application. Thus, lessons learned must be lessons applied. An applicant must not be overly general in listing and describing the medical conditions.

The list of medical conditions should be in the order of their severity. The list should not be a “laundry list”, but each medical condition should clearly be significant, to the point where a “nexus” can be described between the particular medical condition and one of the essential elements of one’s job.

Finally, an applicant should not overstate the severity of the medical condition described; rather, the supporting medical documentation should support the claims of the applicant in every detail, in every essential respect, and in every significant aspect. The applicant’s statement must have integrity, and must accurately reflect the truth of the applicant’s medical condition. If this is done properly, one’s application for disability retirement should be approved at the first stage of the process.

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Attorney Profile @ Lawyers.com
The attorney profile of Robert R. McGill, who specializes 100% of his time on Federal Retirement cases only. This page has more information about the law firm, client reviews and other important information.

Federal Disability Retirement Home Page
The home page of Attorney Robert R. McGill, with more medical administrative retirement articles, annuity calculators, statutory and evolving case laws, contact information and much more.